Employment Law Case Study: Great People Ltd and Better Build plc

This case study delves into several employment law issues, presenting scenarios involving Great People Ltd and Better Build plc. The first scenario examines potential violations of the Equality Act 2010, focusing on a disagreement between employees Katie and Dalton regarding same-sex marriage and the company's response. It analyzes whether claims of discrimination based on sexual orientation are likely to succeed, referencing relevant case laws like Bull and another v. Hall and another and Lee v. McArthur. The study also considers the responsibilities of the HR department in handling such disputes. The second scenario involves Better Build plc and a potential equal pay claim. The document concludes by referencing relevant laws and regulations, offering a comprehensive overview of the legal considerations within these employment contexts, providing students with valuable insights; Desklib offers a platform for students to access similar solved assignments and study resources.

Problem question
covering whole
syllabus

INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
TASK...............................................................................................................................................3
Great People Ltd........................................................................................................................3
Better Build plc..........................................................................................................................7
NO WAY...................................................................................................................................10
Bank4U plc...............................................................................................................................13
CONCLUSION..............................................................................................................................16
REFERENCES..............................................................................................................................18

INTRODUCTION
Law or the legal system in UK, comprise of operational activities to manage the common
law system through which the establishment of the rules can be implemented in the society and
also the rights of the individuals can be protected. All such laws and the legislation are generally
being passed through the Parliament. As UK have no written constitution and there is partly
written and not wholly codified laws being governed under it. It comprises of House of
Commons and House of Lords who manages all the laws and the legal compliance to administer
the rules and the effective practises. Business complies to be the important activity which helps
in managing and gaining monetary growth by selling or buying any product and services. It is
important to manage all the laws to be applied in order to make the organisation to work in
smoother manner. Some of the legal obligations and the practises which are needed to be taken
are Contract law, Employment law 1996, IPR, Law of Tort and many more. Employment law is
the most important statutory obligation of rights which provides the systematic rules and
arrangements in order to protect the rights of the employees and also to implement the legal
administration for both employers and employees. There is been seen that so many issues in
relation to equal pay, discrimination, working hours, leaves etc. are covered in it. The main aim
of the government being framing the law is to promote justice and protect the employees or the
workforce from all the issues which are faced by them in the organisation. This report will
showcase some case scenarios in relation to labour law and the issues being faced by them. it
will further cover the case laws, statutory law and other compliance through which the legal
rights and working is undertaken.
MAIN BODY
TASK
Great People Ltd
` The given case scenario comprises of the concerns which asks for the applicability of
Equality Act of 2010 of the United. Further, in order to assess the question whether the claims
made by the concerned parties in accordance of the said Act are likely to be succeed or not. But
for same first it is required to have the understanding reading the matter of the scenario which is
as follows.

The Katie and Dalton who being the employees of the Great people firm gets into the
disagreement with respect to the concern of sexual orientation after the act of Katie for posting
her view on her twitter account that same sex marriages should not be permitted. After which
Dalton who being the gay took it personally thinking that the post was made targeting him as he
recently got married with his partner. Dalton being distressed from the whole scenario reports
Katie to human resource department of the company. After which the department asks Katie to
not disrepute the image of the firm, while also suggesting Dalton that he should keep his
personal details with himself only.
`Furthermore, for understanding the likelihood of succeeding the claim it is required to
know that on the ground which the employees is discriminated is in actual sense is a ground of
discrimination or not(Mangan, 2020). The Equality Act of 2010, under its chapter 1 mainly
specifies the characteristics based on which an employee or any other person cannot be subjected
to discriminate. The said characteristics are the age, disability, race, religion or belief, gender
reassignment, marriage and civil partnership, sex, maternity and pregnancy and the last is the
ground of sexual orientation.
The term sexual orientation has been addressed as the identity of an individual with
regard to their gender or genders to which they are sexually drawn such as being heterosexual,
homosexual, etc. Further the discrimination on the basis of sexual orientation is said to be made
when an individual is treated in a different manner due to the reason of their sexual orientation
identity under of the given situations as mentioned in the Act. Moreover, section 12 0f the act
defines the terms as the sexual orientation of the individuals towards the person of same sex,
other sex or either of any sex. In order to establish the recrimination based on this aspect it is not
necessary that the that the acts is intentional or unlawful rather it can also result from the action
of any policy or rule. But there also lies certain conditions where such treatment is treated as a
lawful one.
Further Equality Act of the country specifically talks about such types of discrimination.
It states that any employee or other person must not be treated differently on the ground of
discrimination by perceptions and discrimination by association. Where former depicts the
thought regarding someone's sexual orientation and the latter depicts the relationship with such

person. Moreover there lies the four major heads which specifies the various types of said
discrimination.
The very first being the direct discrimination is said to be taken place when an
employer treats their employees or any other persons because of their sexual orientation, in
different or worse situation then that of the others. One instance of the same can be of the job
interview where the reference made by one individual for the person of same sex, they being in
a relationship. Then in this case if the employer rejects the other individual then he is said to be
discriminated on the basis of their sexual orientation. The other instance can be where the owner
of the hotel denies to book a suite room for two men. The other being the Indirect
discrimination, is addressed when the company outlines some specific policy regarding the
manner of work which stands applicable to all the employees in the similar and only putting the
individual of different sexual orientation at a back foot. But here this types of discrimination is
said to be permitted if the employer shows that there lies the fair justification behind the
formulation of such policy. The other type is by the way of Harassment, which is said to be
carried out by the way of employing negative behaviours against any person which results him in
further humiliation as well as intimidation. These types of discrimination majorly hampers the
dignity of an individual(Al-Haidar, 2018).
The last type is of the Victimisation, where the individual is subjected to certain harmful
behaviour for the acts which they have believed to done in good faith. The employees by the aids
of Equality Act of 2010 can be protected for such types of discrimination.
Moreover, there lies the number of cases as well which stands similar to the given case study of
Katie and Dalton. The said case laws also states the foul of law on the part of various employers
and service providers. The court in the case of Bull and another v. Hall and another of 2013,
concluded that owner of the hotel stands guilty as the act of denial of double bed hotel room to
homosexual couple amounts to frame a ground for their discrimination in accordance to the
provisions of Equality Act of the country. Further in the other case of Lee v. McArthur and
Ashers Baking Company Ltd of 2016, court reasoned that the refusal to make a cake along with
the written quote stating support gay marriages, by the bakery owner specifically for the
customer being homosexual amounts to a clear discrimination based on the grounds of sexual
orientation.

The other similar case is the Humble v. Brooks of 2015. the facts of the case are that a pub
owner denies for the hiring of Mr Hubble after learning the fact of he being gay. Also it was seen
that both the Mr. Hubble as well his partners are possessing the required qualifications for the
concerned job(SimoesReis, 2019). The court in this cases held that there results the direct form
of discrimination by the employer towards Mr. Hubble and and his partner. Further the court in
other case of Hegarty v. The Edge Ltd, 2005, stated that Hegarty who is an heterosexual women
was subjected to the act the act of discrimination while redundant from her job. In the case of
Ditton v. CO Publishing Ltd 2006, having learnt during an interview that Mr Ditton is
homosexual, he was later being subjected to certain homophobic insults during his period of
employment training. Here the court contended that his dismissal from his job after 8 days of its
commencement lays the basis for direct form of discrimination as well as harassment on the
basis of his different sexual orientation choices.
The case of English v. Thomas Sanderson Ltd of 2009, the aggrieved named Mr English was
made subjected to various homophobic insults during his tenure of employment addressing him
as a gay. Here the court declared the results in favour of Mr English establishing that there had
occurred discrimination on the basis of sexual orientation. The other case is of Lisboa V. Real
pubs Ltd and others of 2010, court held that placing a gay employee under pressure to comply
with their employers policy to make the pub less welcoming the gay customers amounts to
discrimination. Also the act of employer with respect to the rebranding of pub, considering the
implementation of a display board as specifying this is not a gay pub also amounts the act of
discrimination.
Moreover, after analysing the various number of case laws specifically in relation to the stated
claims under the Equality Act of 2010, it can be ascertained that the concerns can be addressed
legally. The act of Katie posting a critical remark regarding the prohibition of same sex
marriages amounts to the derogatory statement and which also amounts to the act of
discrimination. The publication of any such remarks regarding the choices or sexual orientation
of any person is protected by the Equality Act of the country. Also even though the remark was

not made while personally specifying the Dalton and his partner with whom he recently got
married then also he is said to be discriminated reason being a statement made while targeting
the a group or person or any community also amounts the same(Freyens and Gong, 2020). Other
than this the contention made by the Human resource department of the great people firm to
Dalton as to further keep the information of his personal life out of the reach of his other
colleagues in order to avoid them disappointing also depicts the one way of discrimination. Here
the HR department of the company rather than taking the actions against Katie are warning the
Dalton shows the foul play of duties of their part which they are required to carry out against
every employee in equal manner.
Moreover, it is required on the part of aggrieved individual such as in this case is Dalton,
to determine whether the acts lies under the ambit or discrimination or not before proceeding for
the option of legal claim. The very first requirement is that the person must be treated unfairly on
the basis of any of the protected characteristics which has been specified in chapter 2 of the
Equality Act. The other necessity is that the discrimination must be carried out by any of the said
individuals.
In this case it can be observed that claim cannot be brought by Dalton since he has committed an
offence of discrimination as per the sections 55 of equality act which deals with the protected
characteristic of sexual orientation as being a person's sexual orientation. Being a victim of such
an offence Katie can bring claim as per the section55 of Equality Act2010.
Better Build plc
Scenario
As per the scenario it has been marked out that Better Build is a massive multi-web page
creation employer, with over 15,000 personnel. It is in search of recommendation on a capability
identical pay declare that the employer is facing. 20 girls and one man, hired in diverse
administrative jobs throughout its offices, have released an identical pay declare. Their
comparators are some of guys doing loads of unskilled guide jobs at the constructing sites. None
of the claimants receives a commission extra than £10 in keeping with hour. The lowest fee paid
on any constructing webpage is £10.50 in keeping with hour. The employer personnel 500 team
of workers within side the roles represented with the aid of using the claimants, which
incorporates forty guys. It employs 6,000 unskilled people on their constructing sites, of whom

three hundred are girls. Better Build has furnished a few statistics on the issue of recruiting
within side the creation industry.
Statutory provisions
Equal pay this is the major legal perspective that has been covered is based over equal
pay which is covered within Equal Pay Act 1970. The act has been formed in order to make
sure that equal pay is provided to an employee and no discrimination takes place on the basis of
payment and wages required to be given to an employee working within an organization. This
act offers an individual equality within terms of pay and benefits attained over certain
perspective. Also it has focused promoting equality within pay system required to be followed by
organizations(Jardine, 2021). The main idea behind such act is to promote anti discrimination in
terms of attaining wages over work done by them. In order to provide more relevancy over equal
pay the act become part of Equality Act 2010. So, another important legislation to be applied
within in this case scenario is Equality Act 2010. As set out withinside the Equality Act 2010,
ladies and men within the equal employment appearing identical equal should get hold of
identical pay, until any distinction in pay may be justified. It is the regulation and employers
should observe it(Collins, 2018). Liable to an high priced employment tribunal case and
reputational harm in case do now no longer offer identical pay. Equal pay applies to all
contractual phrases, now no longer simply pay. This includes: fundamental pay non-
discretionary bonuses extra time quotes and allowances performance-associated blessings
severance and redundancy pay get entry to to pension schemes blessings pension schemes hours
of equal corporation cars ill pay fringe blessings consisting of tour allowances blessings in kind
The proper to identical pay applies to many extraordinary equal arrangements, including:
personnel with a verbal or written settlement of employment people who conform to do equal
personally apprentices non-public and public office-holders It does now no longer depend how
lengthy they had been hired or whether or not they've a complete time, component time, constant
term, zero hours or informal settlement. Defining identical equal there are three sorts of equal
work: like equal is the equal or extensively comparable. It includes comparable responsibilities
which require comparable know-how and skills, and any variations within side the equal aren't of
sensible importance. equal rated as equal has been rated a legitimate activity assessment scheme
as being of identical cost in phrases of the way worrying it is. Equal of identical cost isn't
comparable and has now no longer been rated as equal, however is of identical cost in phrases of

needs consisting of effort, talent and decision-making. The act has been combined with equality
act and certain claims can be made in elation over solving problems related to equal pay marked
within equal pay claims.
Equal pay claims
These are those claims that have been provided to an employee in case where payment is
not done equally. Such claims are handled by employment tribunal. It can be viable to solve any
troubles through an inner complaint method earlier than it reaches that stage. This is possibility
to check pay choices and rectify any pay discrimination, documenting conferences and choices to
expose and comply with the regulation or have well compensated the worker(Smith, Baker and
Warnock, 2019). If the complaint method doesn’t fulfil worker and that they determine to
continue to an employment tribunal, then they're required to inform Acas and comply with the
Acas Early Conciliation method. There are crucial factors recognize approximately what occurs
if a worker takes same pay declare in opposition to an organization. There are certain
limitations over these claims which are as follows:
As a wellknown rule, an identical pay declare ought to be lodged with an employment
tribunal inside six months of the date of the quit of an individual’s employment with their
company. This way that: if the claimant continues to be running for you - the time restrict has
now no longer commenced if the claimant not works for you - the six-month time restrict
commenced from the date they left The time restrict can be affected if: the claimant is tormented
by an ‘incapacity’ the company has intentionally hid the pay inequality the claimant has been
working on a chain of contracts there was a essential alternate to the claimant’s settlement of
employment the commercial enterprise has modified possession and the Transfer of
Undertakings (Protection of Employment) Regulations 2006 apply.
Relevant cases
Haq v Audit Commission
The tribunal located that there has been indirect sex discrimination in pay and that it
couldn't be objectively justified. The Employment Appeal Tribunal (EAT) allowed the Audit
Commission’s enchantment, however gave go away to enchantment to the Court of Appeal. The
Court of Appeal disregarded the enchantment
K and Ors v Tesco Stores Ltd
Decision

As a initial point, the ECJ showed that it has jurisdiction, in spite of the United
Kingdom’s withdrawal from the European Union, to offer explanation in this matter(Bagenstos,
2020). The ECJ then showed that wherein pay situations may be attributed to a unmarried
source, the paintings and pay of these people may be compared, despite the fact that they
paintings in extraordinary establishments. The Court went directly to finish that the precept laid
down with the aid of using Article 157 may be relied upon immediately with the aid of using the
United Kingdom courts whilst managing paintings of same price claims.
In the lime light of the above cases it can be marked out that according to the case
scenario Better Build must improve there recruitment policies and create equality within
selection process by making both men and women get recruited with skills and should not favor
unskilled employee. Also there pay scale should be less as they do not do any kind of technical
work. Thus the claim made by claimants is justified within equal pay laws.
It can be observed that as per section 69 of Employees Rights Act 1996 claim can be
brought over the organization since the section defines that, it is “illegal” to not pay the due
salary of an employee after being fired by the employer. Futher, section 79(4) iss applicable of
Equality Act 2010 which says that equal pay should be given to all employees working in an
organization.
NO WAY
Scenario
In this case scenario NO WAY a Public relation company works on managing and
representing social media influencers. Amber a senior accountant executive posted for 3 years
was dismissed by the company on gross misconduct as said the company is keen to represent
vacuous idiots and not focusing on climate conscious clients. While explaining about the
difficulties which she faces while representing the Instagram stars CEO of the company
dismissed her. Amber faced the issue of mental health and was not been able to get another job.
She claimed on the company for wrongful dismissal. And the company is seeking various
options for legality of actions.
Statutory provisions
Gross misconduct is generally the misconduct or the behaviour of the employee through
which the root in the contractual term and the relationship between the employers and the

employees is being destroyed(Galvin, 2019). It comprises of all such acts and the behaviour of
the employee which will address and make the serious issues that affect the reputation of the
company and also harm the organisation due to the action of employees. This imparts to have all
the serious illegal issues and the actions which are taken by the employees in the company some
of which include physical violence, theft, serious insubordination, gross negligence and many
more. As all the employees are required to work according to the nature and the systematic
working with which the compliance and the general adequacies are maintained. There can be
seen that the gross misconduct generally applied to all such areas where fraud, theft or any
dishonesty is being undertaken. This also applies to the physical violence, breaking rules for the
health and safety rules, causing the affect and the damage in the workplace areas, any such
illegal actions that pertain to affect and damage the business image. In all such conditions the
employees can be terminated form the organisation without serving any notice to them and on
immediate basis.
The organisation in the company will be having disciplinary procedures through which
they manage the safety. And it is important to note that the employee who is been terminated due
to gross misconduct will be advisable to manage the fair investigation. There are certain
important examples of gross misconduct which are like:
 Dishonesty
 Sexual harassment
 Theft
 Email abuse
 Gross negligence
 Breach in the confidentiality
 All such other actions that affect employee safety
In case of, Pepper v. Webb (1969) it is being held that the employee will not be dismissed as
when they inn heated argument use any such language like go shit in the presence of wife and
children. Court heard that this is not the correct circumstance to dismiss any employee form the
work. In Quintiles commercial v. Barongo (2018), there is been observed that the gross
misconduct is taken when their analysed that compulsory training is important in all the

employees. It is being seen that the dismissal on such grounds where the training is important
will be undertaken with the reasonable responses.
Fair Dismissal is mainly all such dismissing any of the employees by giving them fair and actual
reason and also by justifying all the reasons to them. this is many being drawn to manage the
general compliance and also to work and act in fair manner(Sansone, 2019)(Sternlight, 2019).
Their analysed that employment law provides certain regulations which are needed to be
considered while addressing any issue and also while terminating any employee form the
company. it is important to manage the procedures which are required to be gained and this
involves the certainignty which addresses the compliance and the surety to maintain the
conducts.
Wrongful dismissal accounts to all such breach which are being made in the employment
contract where the employees are being wrongfully terminated from the job. This implies that
any such areas and the circumstances where the employees generally being removed without
giving the proper notice and also without underlining and providing the details for the
termination. As under Employment act 1996 no employees should be terminated from their job
without 2 months’ notice and also the employees are required to get all the details and the
description regarding the dismissal. As per wrongful dismissal it has given rise over common
law over breach of contract. Also wrongful dismissal claim which makes Employment tribunal
within court whether breach of contract occurred. The tribunal has been developed in order to
make sure that justice is served in more effective way to employee. In order to provide
understand about this perspective relevant case law is Reilly v Sandwell Metropolitan
Borough Council, the Suprem Court has faced over various issues related over headteacher of
primary school and cannot be fired for disclosing her close yet platonic relationship with a
convicted sex offender. The claim is based upon the fact that sex offender was potential risk to
school children which gives access to pupils personal information that a headteacher requires to
offer. It becomes fundamental duty of claimant to assist upon personal information which is
offered by headteacher. This makes claimant's govern safeguarding people which was not done
as the relationship is disclosed(Reed, 2020). Home Stores v Burchell as per the case
investigating misconduct only relevant upon providing employer having reason to dismissed.
The rule has set out Burchell are ‘not well fitted’ to assessing fairness of a dismissal under the
second part of the test, where the focus is on the reasonableness of the employer’s actions. In the